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iso1631yesterday at 4:44 PM3 repliesview on HN

Not really, you are asked who was driving.

If you are driving:

You say "Me", then they give you the points

You lie, say it "Bob", then you're guilty of perverting the course of justice. They then write to Bob,

If Bob agrees, then he's also guilty of perverting the course of justice, but most of the time you'll both get away with it.

If Bob disagrees, then they look more into it.

If you refuse to answer then you're guilty of not saying who was driving the car, a completely separate offence to the original speeding one, and one which is typically more serious

In the US you can mow down a child, drive away, and despite people having your plates and giving them to the cops, they can't actually arrest you because it was only your car which was used to kill someone?


Replies

MiiMe19yesterday at 9:45 PM

They could arrest you, because probable cause, but you would not have to plead guilty, which is what paying a ticket is. If speeding was an arrestable offense, they could arrest you but unless they could prove beyond reasonable doubt that you were driving they should not find you guilty. Plus what other commenter said about you can not force some one to incriminate themselves.

pavonyesterday at 5:10 PM

That would run afoul of the right against self-incrimination in the US[1]. The government can't compel someone to admit they were driving, and can't punish people for refusing. The government has to provide proof they were driving.

[1] https://www.law.cornell.edu/wex/self-incrimination

show 2 replies
jrflowersyesterday at 6:45 PM

>In the US you can mow down a child, drive away, and despite people having your plates and giving them to the cops, they can't actually arrest you because it was only your car which was used to kill someone?

Not quite. In the US you get in trouble for driving off, but drivers that wait for the police to show up and then blame the child that they mowed down have a decent shot at having zero consequences, especially if the child was riding a bicycle.

https://nextcity.org/features/how-much-is-a-cyclists-life-wo...

https://www.latimes.com/opinion/livable-city/la-oe-schultz-p...

https://www.nytimes.com/2014/09/30/opinion/why-drivers-get-a...